LIN (Migration)

The Administrative Appeals Tribunal considered the decision to cancel the Subclass 500 (Student) visa of the applicant, LIN. The dispute arose from allegations that the applicant had provided incorrect information in a previous visa application, specifically regarding undertaking specified work in regional Australia. The Tribunal was tasked with determining whether the applicant had indeed failed to comply with the relevant provisions of the Migration Act 1958 and, if so, whether the cancellation of the visa should be affirmed.

The primary legal issues before the Tribunal were whether the applicant had contravened section 101(b) of the Act by providing incorrect answers in their application for a Working Holiday (Extension) (class TZ subclass 417) visa, and whether the notice issued by the Department under section 107 of the Act was valid and complied with statutory requirements. The Tribunal also had to consider whether, on the balance of probabilities, the evidence supported the cancellation of the applicant's current Subclass 500 (Student) visa.

The Tribunal found that the applicant had responded "Yes" to a question about undertaking specified work in regional Australia and provided details of employment. However, evidence later emerged that the applicant had not worked for the entity identified by the provided Australian Business Number. The Tribunal was satisfied that the notice issued under section 107 was valid and that the applicant had indeed provided incorrect information in contravention of section 101(b). Despite some limited aspects in the applicant's favour, the Tribunal concluded that the evidence weighed heavily in favour of cancellation.

Consequently, the Tribunal affirmed the decision to cancel the applicant’s Subclass 500 (Student) visa.